John Nicholas Datesh, Jr., In Re: Botanical Place Condominium Association, Inc., Docket No. 2015027097, filed on July 13, 2015.; Whether the Association may impose a fee upon a unit owner for a requested print out of an official record accessible ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

Division of Florida Condominiums, Timeshares and Mobile Homes

NOTICE IS HEREBY GIVEN that the Division of Florida Condominiums, Timeshares, and Mobile Homes, Department of Business and Professional Regulation, State of Florida, has received the petition for declaratory statement from John Nicholas Datesh, Jr., In Re: Botanical Place Condominium Association, Inc., Docket No. 2015027097, filed on July 13, 2015. The petition seeks the agency’s opinion as to the applicability of Sections 718.111(12)(b), (c), Florida Statutes, as it applies to the petitioner.

Whether the Association may impose a fee upon a unit owner for a requested print out of an official record accessible only on a computer screen pursuant to Section 718.111(12)(b), (c), Florida Statutes? Whether the Association may impose a fee upon a unit owner making an electronic copy of an official record accessible only on a computer screen pursuant to Section 718.111(12)(c), Florida Statutes? Whether the Association may impose a charge on a copy of an official record that exceeds the actual cost to the Association for that copy pursuant to Section 718.111(12)(b), Florida Statutes?

A copy of the Petition for Declaratory Statement may be obtained by contacting: Rikki Anderson, Administrative Assistant II, at Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2217, [phone], [e-mail].

Please refer all comments to: Robin E. Smith, Senior Attorney, Department of Business and Professional Regulation, Division of Florida Condominiums, Timeshares, and Mobile Homes, 1940 North Monroe Street, Tallahassee, Florida 32399-2202. Responses, motions to intervene, or requests for an agency hearing, §120.57(2), Fla. Stat., must be filed within 21 days of this notice.